Remanded

Veena Vijaykumar Oza v. M/S.Sharan Shelters Pvt.Ltd and 11 Ors..

Bombay HC25 Oct 2016CHS/165/2016

Case brief

AI extract

What is this about?

The court framed a preliminary issue regarding whether the suit is barred by limitation. Evidence on this issue was fixed for filing before December 2, 2016, and the matter was listed for marking documents on December 16, 2016. Concurrently, a chamber summons by a defendant was condoned for delay as a regular case.

What did the court decide?

Preliminary issue framed on limitation; evidence fixed; defendant's summons on board with delay condoned.

Veena Vijaykumar Oza Vs M/S.Sharan Shelters… — Contract and Commercial Disputes | Bombay HC (2016)

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953-CHS633-16.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 633 OF 2016

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IN

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SUIT NO. 399 OF 2013 AND

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CHAMBER SUMMONS NO. 165 OF 2016

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Veena Vijaykumar Oza…Plaintiff
Versus
Sharan Shelters Pvt. Ltd. & 11 Ors.…Defendants

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Ms. Eventa Gonsalves, i/b Shantilal & Co., for Applicant/Plaintiff.
Mr. Aliabbas Delhiwala, a/w Mr. Sachin Mahagavkar, i/b Divya
Shah Associates, for Defendant No. 1.
Mr. Vatsal Shah, i/b Manoj Nikose, for Defendant No. 3.

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CORAM: G.S. PATEL, J DATED: 25th October 2016

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PC:-

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1.This is the Plaintiff’s Chamber Summons for amendment.
The Defendants have raised a plea of jurisdiction as a preliminary
issue. It is submitted on behalf of the Defendants that if that issue is
decided in favour of the Defendants on the Plaint as it stands, no
question would arise of allowing or not allowing the amendment.
The present Chamber Summons should, in their submission, await
the determination of the preliminary issue.

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Page 1 of 2
25th October 2016

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953-CHS633-16.DOC

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2. I agree.

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3. The preliminary issue framed is as follows:

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“Whether the Suit as filed is barred by limitation?”

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4.Ms. Gonsalves wish to lead evidence on the preliminary issue.
An Evidence Affidavit limited to the jurisdictional issue is to be filed
and served on or before 2nd December 2016.

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5.List the matter on 16th December 2016 for marking the
Plaintiff’s documents.

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CHAMBER SUMMONS NO. 165 OF 2016

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6.Mr. Shah’s Chamber Summons No. 165 of 2016 is, by
consent, taken on board.

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7.For the reasons set out in the Affidavit in Support, the delay
is condoned. Written Statement of Defendant No. 3 to be filed in
the Registry and a copy is to be served on the Plaintiffs on or before
2nd December 2016.

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8.The Chamber Summons is disposed of in these terms with no
order as to costs.

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(G. S. PATEL, J.)

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Page 2 of 2
25th October 2016

Veena Vijaykumar Oza v. M/S.Sharan Shelters Pvt.Ltd and 11 Ors..

Case brief

What is this about?

What did the court decide?

Veena Vijaykumar Oza v. M/S.Sharan Shelters Pvt.Ltd and 11 Ors..

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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